These Terms of Service ("Terms") constitute a legally binding agreement between you and ProBiddr, LLC ("ProBiddr," "we," "us," or "our"), governing your access to and use of the ProBiddr marketplace platform, including the website at probiddr.com, the ProBiddr mobile application, and all related services (collectively, the "Platform").
1. Acceptance of Terms
By accessing or using the Platform, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the Platform on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
2. Platform Overview
ProBiddr is a marketplace platform that connects homeowners and property owners ("Homeowners") with licensed, insured skilled tradespeople ("Contractors"). ProBiddr facilitates the connection, bidding, and payment process but is not a party to the service agreement between Homeowners and Contractors.
3. Account Registration
3.1 Account Types
The Platform supports the following account types:
- Homeowner / Property Owner: Individuals or businesses seeking to hire contractors for property-related work
- Contractor: Licensed tradespeople offering services through the Platform
3.2 Account Requirements
To create an account, you must provide accurate and complete information as requested during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify ProBiddr immediately of any unauthorized use of your account.
3.3 Email Verification
You must verify your email address to access full Platform functionality. Unverified accounts may have limited access to certain features.
3.4 One Account Per Person
Each individual may maintain only one account. Creating multiple accounts to circumvent Platform policies, bans, or token limitations is prohibited and may result in permanent termination of all associated accounts.
4. Homeowner / Property Owner Terms
4.1 Job Postings
Homeowners may post jobs describing work they need performed at their properties. Job postings must accurately describe the scope of work, location, and any relevant conditions. Homeowners are responsible for providing accurate property addresses and ensuring legal authorization to have work performed at the specified property.
4.2 Bid Selection
Homeowners may review bids from Contractors, view Contractor profiles (including ratings, reviews, credentials, and portfolio), and select the Contractor of their choice. ProBiddr does not guarantee any minimum number of bids on a job posting. Selection of a Contractor and acceptance of a bid creates a direct service agreement between the Homeowner and the Contractor; ProBiddr is not a party to this agreement.
4.3 Property Access
By selecting a Contractor and scheduling work, the Homeowner authorizes the selected Contractor to access the specified property for the purpose of performing the agreed-upon work. The Homeowner is responsible for ensuring a safe work environment and disclosing any known hazards.
4.4 Approval and Review
After a Contractor marks work as complete, the Homeowner has a 72-hour review window to approve the work or file a dispute. If no action is taken within 72 hours, payment is automatically released from escrow to the Contractor. Homeowners are encouraged to promptly review completed work and provide honest ratings and reviews.
5. Contractor Terms
5.1 Verification Requirements
Contractors must complete the following verification steps to make their profile publicly visible and submit bids:
- Trade License: Valid, unexpired trade license verified against the issuing state's licensing board
- General Liability Insurance: Active GL insurance policy with minimum coverage as required by applicable state law
- Background Check: Successful completion of a background check conducted through Checkr (criminal history, sex offender registry, identity verification)
- Payout Setup: Verified Stripe Connect account with linked bank account (required before submitting first bid)
ProBiddr reserves the right to deny or revoke Platform access based on background check results, license verification failures, or insurance lapses at its sole discretion.
5.2 License and Insurance Maintenance
Contractors are responsible for maintaining valid, unexpired trade licenses and insurance policies at all times while active on the Platform. ProBiddr will send reminders 60 days and 30 days before known expiration dates. If a Contractor's license or insurance expires, their profile will be automatically hidden from public search and they will be unable to submit bids until documentation is updated and re-verified.
5.3 Independent Contractor Status
Contractors are independent professionals and are not employees, agents, or representatives of ProBiddr. Nothing in these Terms creates an employment relationship, partnership, joint venture, or agency relationship between ProBiddr and any Contractor. Contractors are solely responsible for determining how, when, and where they perform work, and for compliance with all applicable laws, building codes, permits, and regulations.
5.4 Tax Obligations
Contractors are responsible for all applicable taxes on earnings received through the Platform. ProBiddr will issue a 1099-NEC to Contractors whose earnings exceed the IRS reporting threshold during any calendar year. Contractors must provide accurate tax identification information (SSN or EIN) through Stripe Connect.
5.5 GPS Check-In
Contractors may use the GPS check-in feature to verify their arrival at a job site. GPS check-in is initiated voluntarily by the Contractor and is used solely to verify proximity to the job site address. Location data from check-ins is retained in accordance with our Privacy Policy.
5.6 Quality Standards
Contractors agree to perform work in a professional, workmanlike manner in accordance with applicable building codes and industry standards. Contractors must upload proof-of-work documentation (photos, notes, permit numbers) upon job completion when required by the Homeowner or Platform settings.
6. Platform Communication
6.1 In-Platform Messaging
ProBiddr provides an in-platform messaging system for communication between Homeowners and Contractors. While you are not required to use in-platform messaging exclusively, we strongly encourage all job-related communication to occur through the Platform for the following reasons:
- Documentation: In-platform messages create a complete record of agreements, scope changes, scheduling, and other job details
- Dispute resolution: Message history is available as evidence if a dispute arises between parties
- Accountability: Both parties have access to the same documented communication history
- Security: Messages are transmitted securely and stored in accordance with our Privacy Policy
6.2 ProBiddr Calling
ProBiddr offers a calling feature that allows Homeowners and Contractors to speak by phone without revealing personal phone numbers. When you use ProBiddr Calling:
- Calls are routed through a ProBiddr phone number that masks both parties' personal numbers
- Call logs (date, time, duration, and participants) are retained for dispute resolution purposes
- Calls may be recorded for quality assurance and dispute resolution; both parties will be notified at the start of any recorded call
- The masked calling feature is available only for active jobs where escrow has been funded
Use of ProBiddr Calling is optional. You may choose to exchange personal contact information and communicate outside the Platform, but ProBiddr cannot document or consider off-platform communications in dispute resolution.
6.3 Communication Outside the Platform
You are permitted to communicate with other users outside of the Platform (via personal phone, email, text, or in person). However, please be aware:
- ProBiddr has no record of off-platform communications and cannot verify what was said or agreed
- Off-platform communications cannot be used as evidence in ProBiddr's dispute resolution process — this includes screenshots of text messages, call recordings, voicemails, emails, or any other materials from outside the Platform
- Any agreements made off-platform (such as scope changes or price adjustments) should be confirmed in writing through Platform messaging to be enforceable under ProBiddr's dispute resolution
- Sharing personal contact information is at your own discretion and risk
6.4 Prohibited Communications
Whether using in-platform or off-platform communication, users may not:
- Harass, threaten, or use abusive language toward other users
- Send unsolicited commercial messages or spam
- Solicit off-platform payments to avoid ProBiddr's escrow system (see Section 11)
- Share another user's personal contact information with third parties without consent
- Impersonate ProBiddr staff or other users
7. Token System
7.1 Overview
ProBiddr uses a token-based system for job postings and bid submissions. Tokens are a digital credit purchased with real currency and used exclusively within the Platform.
7.2 Token Pricing and Tiers
| Action | Standard | Priority | Urgent |
|---|---|---|---|
| Homeowner: Post a Job | 5 tokens | 15 tokens | 30 tokens |
| Contractor: Submit a Bid | 5 tokens | 15 tokens | 25 tokens |
Higher tiers provide increased visibility, placement priority, and (for Urgent) push notifications to matching Contractors.
7.3 Token Purchases
Tokens are sold in packages at the following rates (subject to change with notice):
| Package | Tokens | Price | Per Token |
|---|---|---|---|
| Starter | 10 | $10.00 | $1.00 |
| Most Popular | 50 | $40.00 | $0.80 |
| Pro | 120 | $84.00 | $0.70 |
| Best Value | 250 | $150.00 | $0.60 |
7.4 Token Properties
- No expiration: Purchased tokens do not expire and remain in your wallet indefinitely
- Non-transferable: Tokens cannot be transferred between accounts, gifted, or sold to other users
- No cash value: Tokens have no monetary value outside the Platform and cannot be redeemed for cash
- Universal: The same tokens are used by both Homeowners and Contractors
7.5 Token Refund Policy
- Unused tokens: Purchasable token packages are non-refundable once purchased, except as required by applicable law or upon account deletion (see Section 17)
- Job posting refunds: If a job posting receives zero bids within 14 days, the tokens spent on that posting will be automatically refunded to the user's wallet
- Bid refunds: Tokens spent on bids are non-refundable, as the Contractor receives value (visibility to the Homeowner) upon bid submission
- Welcome bonus tokens: Promotional tokens awarded at signup are non-refundable and non-transferable
- Account deletion: Upon permanent account deletion, unused purchased tokens (excluding promotional tokens) will be refunded to the original payment method within 30 business days
8. Escrow & Payment Terms
8.1 Escrow Overview
ProBiddr uses an escrow system to protect both Homeowners and Contractors. When a Homeowner selects a Contractor's bid, the Homeowner funds escrow for the full bid amount plus the applicable platform processing fee. Funds are held securely by our payment processor (Stripe) and are not released to the Contractor until the work is approved or the review window expires.
8.2 Escrow Funding
The escrow amount consists of the Contractor's bid amount plus a 5% platform processing fee. Homeowners may fund escrow using a credit card, debit card, ACH bank transfer, or Apple Pay. All payments are processed by Stripe and are subject to Stripe's terms of service.
8.3 Payment Release
Escrow funds are released to the Contractor under the following conditions:
- Homeowner approval: The Homeowner reviews the completed work and approves payment release
- Auto-release: If the Homeowner takes no action within 72 hours of work being marked complete, funds are automatically released (Homeowners may disable auto-release in their account settings)
- Dispute resolution: If a dispute is filed, funds are held until the dispute is resolved by ProBiddr (see Section 9)
8.4 Contractor Payouts
Upon payment release, the Contractor's bid amount is deposited to their linked bank account via Stripe Connect within 2-3 business days. The 5% platform processing fee is retained by ProBiddr. ProBiddr also pays a 2.9% + $0.30 payment processing fee to Stripe from the platform fee; this cost is not passed to users.
8.5 Cancellations
- Before work begins: If a job is canceled before the Contractor checks in, the full escrow amount (including platform fee) is refunded to the Homeowner
- After work begins: If a job is canceled after the Contractor has checked in, the parties should attempt to reach a mutual agreement. If no agreement is reached, either party may file a dispute (see Section 9)
9. Dispute Resolution Between Users
9.1 Filing a Dispute
Either the Homeowner or Contractor may file a dispute through the Platform within 72 hours of work being marked complete. Disputes may be filed for reasons including but not limited to: incomplete work, work not matching the agreed scope, property damage, or no-show.
9.2 Evidence Submission
Both parties may submit evidence to support their position, including photographs, messages exchanged through the Platform, ProBiddr Calling recordings (if applicable), receipts, permit documentation, and written descriptions of the issue.
Important: Only communications made through the Platform (in-app messaging and ProBiddr Calling) will be considered as evidence. Off-platform communications — including personal text messages, call recordings, voicemails, emails, or screenshots thereof — cannot be verified and will not be considered (see Section 6.3).
9.3 ProBiddr Mediation
ProBiddr will review the evidence submitted by both parties and render a decision. ProBiddr's dispute resolution options include:
- Full payment release to the Contractor
- Full refund to the Homeowner (escrow returned minus the platform processing fee)
- Partial payment split between both parties at a ratio determined by ProBiddr
Note: The platform processing fee is non-refundable once a dispute is filed, regardless of the outcome. This differs from cancellations made before work begins, where the full amount including the platform fee is refunded (see Section 8.5).
ProBiddr aims to resolve disputes within 5 business days of all evidence being submitted. ProBiddr's decision regarding escrow fund distribution is final with respect to funds held on the Platform.
9.4 Limitations
ProBiddr's dispute resolution covers only the distribution of escrowed funds. It does not constitute legal mediation or arbitration, and it does not limit either party's right to pursue legal remedies through courts or other dispute resolution mechanisms for claims beyond the escrowed amount (such as property damage claims exceeding the job value).
10. Platform Fees
| Fee | Amount | Paid By | Description |
|---|---|---|---|
| Escrow Processing Fee | 5% of bid amount | Homeowner | Added to escrow at funding. Covers platform operations and payment processing. |
| Token Purchases | See Section 7.3 | Homeowner or Contractor | One-time purchase of digital credits used for posting and bidding. |
| Contractor Payouts | $0 | N/A | No fees are deducted from the Contractor's bid amount at payout. |
| Payment Processing | 2.9% + $0.30 | ProBiddr (absorbed) | Stripe processing fee paid by ProBiddr from the platform fee. Not charged to users. |
ProBiddr reserves the right to modify fees with 30 days' prior notice. Fee changes will not apply retroactively to jobs already in escrow.
11. Prohibited Conduct
You agree not to engage in the following conduct on the Platform:
- Providing false, misleading, or fraudulent information in your profile, job postings, bids, or communications
- Circumventing the Platform to arrange direct payments or transactions outside of escrow ("off-platform transactions")
- Creating multiple accounts to evade bans, manipulate reviews, or exploit token promotions
- Submitting fake reviews or ratings, or soliciting others to do so
- Harassing, threatening, or discriminating against any user
- Using the Platform for any purpose other than its intended marketplace function
- Attempting to scrape, crawl, or extract data from the Platform through automated means
- Interfering with the Platform's security, infrastructure, or operation
- Performing work without required licenses, permits, or insurance
- Using another person's identity or credentials to create or access an account
- Soliciting or collecting personal information from other users for purposes unrelated to a legitimate transaction on the Platform
Violation of these prohibitions may result in immediate account suspension or permanent termination, forfeiture of tokens, and withholding of escrowed funds pending investigation.
12. Intellectual Property
12.1 ProBiddr Intellectual Property
The Platform, including its design, logos, trademarks, software, text, graphics, and all other content created by ProBiddr, is owned by ProBiddr, LLC and protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on any ProBiddr content without prior written permission.
12.2 User-Generated Content
By submitting content to the Platform (including profile information, job postings, bids, reviews, photos, and messages), you grant ProBiddr a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute such content for the purpose of operating and promoting the Platform. You retain ownership of your content and may remove it by deleting it from your account or deleting your account entirely.
12.3 Reviews
Reviews and ratings must reflect honest, first-hand experiences with transactions completed through the Platform. Reviews may not be removed by the reviewed party. ProBiddr reserves the right to remove reviews that violate these Terms (e.g., fraudulent reviews, harassment, or content unrelated to the transaction).
13. Disclaimers
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROBIDDR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the foregoing, ProBiddr does not warrant or represent that:
- Any Contractor's work will be performed to any particular standard, completed on time, or completed at all
- Any Contractor's credentials, qualifications, or representations are accurate, even if verified by ProBiddr (verification is a point-in-time check and does not guarantee ongoing compliance)
- Background checks will identify all relevant criminal history or other disqualifying information
- The Platform will be uninterrupted, error-free, or secure at all times
- Any particular number of bids will be received on a job posting
- Any transaction between users will be completed successfully
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROBIDDR LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM.
PROBIDDR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO PROBIDDR IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if ProBiddr has been advised of the possibility of such damages.
15. Indemnification
You agree to indemnify, defend, and hold harmless ProBiddr, LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
- Your use of or access to the Platform
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Any content you submit through the Platform
- Any transaction or dispute between you and another Platform user
- Any property damage, personal injury, or other harm arising from work performed through the Platform (whether you are the Homeowner or Contractor)
16. Dispute Resolution & Arbitration
16.1 Informal Resolution
Before filing any formal dispute against ProBiddr, you agree to first attempt informal resolution by contacting us at legal@probiddr.com with a written description of your claim. ProBiddr will attempt to resolve the dispute informally within 30 days.
16.2 Binding Arbitration
If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in [York County, South Carolina / or a location mutually agreed upon]. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
16.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against ProBiddr.
16.4 Exceptions
Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Additionally, claims within the jurisdiction of small claims court may be filed in small claims court.
17. Account Termination
17.1 Termination by You
You may deactivate or delete your account at any time through your account settings.
- Deactivation: Your profile is hidden and you cannot post, bid, or transact, but your data is retained and you may reactivate by logging in
- Deletion: Your account and personal data are permanently deleted after a 30-day grace period, subject to data retention requirements (see Privacy Policy). Unused purchased tokens are refunded. Active escrows are processed before deletion.
17.2 Termination by ProBiddr
ProBiddr reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:
- Violation of these Terms or the Privacy Policy
- Fraudulent or illegal activity
- Failed or revoked background check
- Expired license or insurance (after a 30-day grace period)
- Repeated disputes or low ratings indicating poor service quality
- Off-platform transaction solicitation
17.3 Effect of Termination
Upon termination, your right to use the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 12-16 and 19.
18. Modifications to Terms
ProBiddr reserves the right to modify these Terms at any time. When we make material changes, we will provide notice through email, in-app notification, or a prominent banner on the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date of revised Terms constitutes acceptance of the updated Terms.
If you do not agree to the revised Terms, you must stop using the Platform and may delete your account.
19. General Provisions
19.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions.
19.2 Entire Agreement
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ProBiddr regarding the Platform and supersede all prior agreements and understandings.
19.3 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
19.4 Waiver
The failure of ProBiddr to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
19.5 Assignment
You may not assign or transfer your rights or obligations under these Terms without ProBiddr's prior written consent. ProBiddr may assign its rights and obligations without restriction.
19.6 Force Majeure
ProBiddr shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, government action, power outages, or internet or telecommunications failures.
20. Contact Information
If you have any questions about these Terms, please contact us:
ProBiddr, LLC
PO Box 36874
Rock Hill, SC 29732
Legal: legal@probiddr.com
Privacy: privacy@probiddr.com
Support: helpdesk@probiddr.com
Website: probiddr.com